1. Bases

Military Bases Treaty

SECTION 25, ARTICLE XVIII. After the expiration in 1991 of the Agreement between the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

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The President, however, may enter into an executive agreement on foreign military bases, troops, or facilities, if:

• It is not the instrument that allows the presence of foreign military bases, troops, or facilities; or
• It merely aims to implement an existing law or treaty.

Section 25 refers solely to the initial entry of the foreign military bases, troops, or facilities.

To determine whether a military base or facility in the Philippines, which houses or is accessed by foreign military troops, is foreign or remains a Philippine military base or facility, the legal standards are:

• Independence from foreign control;
• Sovereignty and applicable law; and
• National security and territorial integrity [Saguisag v. Executive Secretary, G.R. No. 212426 (2016)].